In A Court, Balance Is Sometimes Between Unjust And More Unjust: CJI DY Chandrachud

CJI DY Chandrachud on Thursday remarked that balance in court was not always between just and unjust but sometimes it was between two unjust things. He stated that in such cases, the court had to determine what was more unjust. The remark was made in a dispute concerning appointments and promotion of Assistant Section Officers. The matter which was heard by a bench comprising CJI DY...

Women's Bodily Autonomy & Right To Medical Termination Of Pregnancy: All India High Courts Digest 2022

LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. Here are some important decisions relating to women's bodily autonomy and right to medical termination of pregnancy:1. Allahabad High Court Allows Termination Of 23-Week Pregnancy Of 12-Year-Old Rape Survivor To 'Free Her Of The Trauma & Social Miseries'Case title - Ms. X Thru. Her...

Supreme Court Stays Uttarakhand HC Direction For Haldwani Evictions; Says 'There Can't Be Uprooting Of 50,000 People In 7 Days'

The Supreme Court on Thursday stayed the order of the Uttarakhand High Court for the removal of occupants in lands claimed by railways in Haldwani, based on which the authorities issued eviction notices to over 4000 families, who claim that they have been residing in the area for years based on valid documents recognized by the government authorities.Taking exception to the High Court...

Questions & Answers By Justice V. Ramkumar- Investigation By Police- PART XIX

Q.91 Is it not permissible to use the “inquest report” to contradict the prosecution witnesses to whom a dying declaration was made by the deceased ?Ans. No. Statement made by the Investigating Officer in the inquest report on the basis of what he heard from others would be hit by Section 162 Cr.P.C. (Vide para 30 of George v. State of Kerala (1998) 4 SCC 605 = AIR 1998 SC 1376 – M....

100 Important Supreme Court Judgments Of 2022 - PART- 4 [VIDEO]

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Section 5 Limitation Act - 'Suffficient Cause' Is The Cause For Which A Party Could Not Be Blamed : Supreme Court

The Supreme Court, in a judgment delivered on Wednesday, gave a simple and short definition for the term 'sufficient cause' in Section 5 of Limitation Act, 1963.‘Sufficient Cause’ is the cause for which a party could not be blamed , Justice C T Ravikumar, who authored the judgment, observed.The Apex Court bench also comprising of Justice Ajay Rastogi was considering an appeal filed...

Non-Banking Finance & Leasing Companies Not Liable To Pay Interest Tax On Instalments Paid Under Hire Purchase Agreement : Supreme Court

The Supreme Court has held that non-banking finance and leasing companies are not liable to pay tax on the interest component included in the hire-purchase instalment paid under the hire purchase agreement.Issue for Consideration in the Civil AppealA bench of Justices Sanjiv Khanna and M M Sundresh were considering the issue as to whether the appellants/assessees are liable to pay tax under...

POCSO Act: All India High Courts Digest 2022

LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. Here are some important decisions relating to the Protection of Children from Sexual Offences:1. POCSO Act Not Intended For Teenagers' Romantic Affair: Allahabad HCCase title - Atul Mishra v. State Of U.P. And 3 OthersCase citation: 2022 LiveLaw (AB) 51The High Court recently granted bail to...

'Heroin, Other Drugs Destroying The Country, Ruining The Youth': Supreme Court

On Wednesday, the Supreme Court rejected the anticipatory bail application of a man who had 24 grams of Heroin and Brown sugar in possession with him."This Heroin and all is destroying the country. We cannot be a party to this", Division Bench of Justices MR Shah and CT Ravikumar remarked, when the matter came up for hearing.The Bench did not budge even when the Advocate for the...

Supreme Court Annual Digest 2022- Code Of Civil Procedure (CPC)

Code of Civil Procedure, 1908 Code of Civil Procedure, 1908; The rules of procedure are essentially intended to subserve the cause of justice and are not for punishment of the parties in conduct of the proceedings. (Para 26.1) Prakash Corporates v. Dee Vee Projects Ltd., 2022 LiveLaw (SC) 162 : AIR 2022 SC 946 : (2022) 5 SCC 112 Dominus Litus Code of Civil Procedure, 1908 -...

All India Annual Digest of Tax Cases 2022-Supreme Court, High Courts And Tribunals

Indirect Tax Supreme Court Small Tax Effect: Monetary Limit To Prefer An Appeal Before The Supreme Court Is Rs. 2 crores: Supreme Court Case Title: CIT Versus Swapnil Finance Pvt. Ltd. The Supreme Court disposed of the appeal on the ground of low tax effects. The division bench of Justice M.R. Shah and Justice Sudhanshu Dhulia observed that the monetary limit to file an...

SC Dismisses Azam Khan And Other's Plea Against Allahabad HC Order Refusing To Quash FIRs Relating To Maulana Mohammad Ali Jauhar Trust

The Supreme Court on Wednesday refused to entertain Samajwadi Party leader Azam Khan's challenge to the Allahabad High Court dismissing a batch of petitions filed by the office-bearers of Rampur's Maulana Mohammad Ali Jauhar Trust, headed by Khan, for quashing of criminal proceedings in cases lodged for alleged land grabbing to expand the premises of the University.Senior Advocate Kapil...